HomeMy WebLinkAbout(1) NYSDEC Tidal Wetlands Permit and NJD.pdf 4
CONSERVATIONNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
Division of Environmental Permits,Region 7
SUY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790
P:(631)444-03651 F:(631) -0360
www.dec.ny.gov
January 31, 2020
rn 's West Mill LLC
c/o Mr. Jeff Strong
5780 W Mill'Road
Mattituck, N.Y. 11952
: Permit No. 1-4738-01843/00028
Dear r itee:
In conformance with the requirements of the State UniformProcedures Act (Article 7 , ECL)
d its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the
referenced activity. Please carefully read all permit conditions andspecial permit conditions
contained in the permit to ensure compliance rin term of the permit. If you are unable
to comply with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the`project site and
protected from the weather and a Notice of Commencement/Completion o Construction.
Please note, the permit sign and Notice of Commencement/Completion of Construction for
are sent to either the permittee or the facility application contact, not both.
Sincerely
Mary,MacKinnon
Environmental Analyst
cc: Young & Young, BMHP, File
roe Department of
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NEW YORK STATE "OF ENVIRONMENTALC S VAT
Facility DEC ID 1-4738-01843
PERMIT
Under the Environmental, Conservation 4
r iFacility Information
Permit Issued To: Facility:
Stro 's West Mill LLC trog's Yacht Center
C/O JEFF STRONG 5780 W MILL RD
5780 W Mill Rd MATTITUCK, 11952
Mattituck, 1192
(631) 298-4480
Facility Application Contact:
YOUNG ; YOUNG _
400 OSTRANDERAV
RIVERHEAD, 111
(631) 727-2303
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility r ci al Reference of Y - : 706.1 YT -N: 4542.E
Latitude: 41°00'3 .8 Longitude: 72°32'57.0"
Project oc i : 5780 W Mill Rd., Mattituck SCTM#1000-106-6-10,13.4 - attitc Creek
Authorized Activity: Install two dry wells/leaching pools and concrete retaining wall. Add french
drain system to west side of existing one story building. All roadway and parking area "material will be
gravel only. All work must be done in accordance with'the plans prepared by Howard W. Young LL
last revised 1/2/2020 and stamped NYSDEC approved"1/31/220.
Please note,the property landward of the 10 foot contour line as shown on the survey prepared by
Howard C.Young LLS last revised`1/2/220 is beyond Article 25 (Tidal Wetland)jurisdiction.
Permit Authorizations
Tidal Wetlands-Under Article 25
Pe t 1-4738-01 3/ 002
New Permit Effective Date: 1/31/2020 Expiration Date:1/30/2025
Page
NEW YORK SAT 1CONSERVATC, low
Facility DEC ID 1-4738-01843
ApprovalNYSDEC
By acceptance of this a i , the permittee agrees that the permitis contingent strict
compliance with , all applicable regulations, and all conditions included as part of this
permit.
PermitAdministrator: SHERRI L AICHER,Deputy Permit Administrator
Address: NYSDEC Region 1 Headquarters
SUN 1. Stony r.oo J5 C ircle Rd
Stony oo , Y1179 -3
Authorized
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Date
Distribution is
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Bureau of Marine Habitat Protection
File
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NATURALSOU CE PERMIT CONDITIONS
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PE ITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: TIDAL WETLANDS
1. Post PermitSign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
2. Notice of Commencement At least 48 hours prior to commencement of the project,the permittee
and contractor shall sign d return e top portion.of the enclosed-notification form certifyig.that they _
are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion
of project,the bottom portion of the form must also be signed d returned, along with photographs of
the completed work.
. Conformance With Plans All activities authorized bythis permit must be in strict co o ce
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Howard C. Young,LLS last revised 1/2/2020 and stamped
NYSDEC approved 1/31/2020.
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NEW YORK STATE DEPARTMr,
OF ENVIRONMENTAL CONSERVATI' u
Facility DEC ID 1- 73 - 13
4. No ConstructionDebris in Wetlandr Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from e adjacent area(upland)and removed to
an approved upland area for disposal. No debris ispermitted" in wetlandsand/or protected buffer areas.
. Materials Disposed at Uplandi ydemolition debris, excess construction materials, or
excess excavated materials shall be immediately and completely disposed of in an authorized solid waste
management facility. These materials shall be suitably stabilized as not to re-enter any water body,
wetland or wetland adjacent area.
6. No Disturbance to VegetatedTidal ere shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
7. Storage of Equipment,'Materials The storage of construction equipment and materials shall be
confined within the project work area or upland areas greater than 75 linear feet from"the tidal
wetland boundary.
S. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt,slag,flyash,broken
concrete or demolition debris).
9.-Department.' is is io a department retains jurisdiction of all regulated lands where fill has
been perinitted. .Placement of fill shall not be used to alter the department's Tidal Wetland jurisdictional
area at the project site.;The area remains a regulated area subject to Tidal Wetland Land Use restrictions
of 6 NYCRR Part 661.
1 . Install,Maintain Erosionis Necessary erosion'control measuxes, i.e., straw,bales, silt
fencing, etc., are to be placed on the downslope edge of any disturbed ea is sediment barrier is to
be put in place before any disturbance of the ground occurs and is to bemaintained' i good and"
functional condition until thick vegetative cover is established.
11.'Driveway/Parking AreaDriveway/Par of Pervious Material Driveway and parking areas shall be constructed of
NYSDEC-approved pervious materials.
12. Direct Runoff Away from i al Wetland and BufferRoads, driveways, and parking areas shall
be graded to direct runoff away from tidal wetlands and protected buffer areas.
13. Dry WellsALeachingPools Dry wells/Leaching Pools for roof -off shall be located a minimum
of 100 linear feet landward of the tidal wetland boundary.
14. Contain x ose ,Stockpiled Soils All disturbed areas where soil will be temporarily exposed or
stockpiled for longer than 48"hours shall be contained by a continuous line of staked hayb es/ silt
curtains(or other NYSDEC approved devices)placed on the seaward side between the fill and the
wetland or protected buffer area. Tarps are authorized to supplement these approved methods.
15. Maintain ErosionControls All erosion control devices shall be maintained in good and functional
condition until the project has been completed d the area has been stabilized.
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NEW YORK STATE DEPARTMf OF ENVIRONMENTAL C NE VAT
Facility DEC ID 1-4738-01843
1 . State Not Liable for Damage The State of New York shall in case be liable for anydamage or
injury to the structure or work herein authorized which may be caused by or result from e operations
undertaken by the State for the conservation or improvement' of navigation, or for other purposes, and no
claim or right to compensation shall accrue from y such damage.
17. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contaminationof anywetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
1 . State May Require Site Restoration If upon the expiration or revocation of this permit,the
project hereby authorized has not been completed,the applicant shall, without expense to the State,and
to such extent and in such time d manner as the Department of Environmental Conservation may
lav,rftflly require,remove all or any portion of the uncompleted structure or fill and restore the site to its
former condition. No claim shall be made against the'Stte of New York on account of any such
removal or alteration.
19. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alterationin the position of the structure or work herein authorized, or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation
of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause
loss or destruction of the natural resources of the State,the owner may be ordered by the Department to
remove or alter the structural work, obstructions-, or hazards caused thereby without expense to the State,
d if,upon the expiration or revocation of this permit,the structure, fill, excavation,or other
modification of the watercourse hereby authorized shall not be completed,the owners, shall,without
expense to the State, and to such extent and in such time and manner as the Department of
Environmental Conservation may.require,remove all or any portion of the uncompleted structure or fill
d restore to its former condition the navigable and floodcapacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or alteration.
GENERAL CONDITIONS - Authorized to ALL :
Apply
1. Facility Inspection by The DepartmentThe permitted site or facility, including relevant records,is
subject to inspection at reasonable hours and intervals by an authorized representative of the Department
of Environmental Conservation (the Department)to determine whether the' e "iee is co plying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301
and SA A.: 01(3).. T
The permittee shall provide a person to accompany the Department's represe tive during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions,must be available
for inspection bythe Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
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4NEW YORK STATE DEPARTM
3 ENVIRONMENTALC SE VAIN'
Facility DEC ID 1- 738- 14
2. Relationship oft is Permit to Other Department Orders and Determinations Unless expressly
'provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or detennination.
3. Applications e it Renewals,Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal,modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal,modification or transfer granted by the Department mustbe in writing. Submission of
applications for permit re e al,modification or transfer are to be'submitted o:
Regional Permit Administrator
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook150 Circle.
Stony Brook,NYI179 -3409
. Submission of RenewalApplication The permittee must submit a renewal application at least 30
days before permit expiration for the following permit au on tios: Tidal Wetlands. ;
. Permit Modifications,Suspensions and Revocationsy the Department The Department
reserves the right to exercise all available authority to modify,'sspen or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the pen-nit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the'Departmentrlated to
e permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or
other permit condition.. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
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NEW YORK STATE P T ' F ENVIRONMENTAL CONSERVAT
Facility DEC ID 1- 7 - 184
T ICATI�N �;F �T�]��PE�RMIT�TEE�L�14��Tl(!��
Item A: Permittee Accepts Legal Responsibility andAgrees to Indemnification
e permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environinental Conservation of the State of New York, its representatives,employees,
d agents ("DEC")for all claims, suits, actions, d damages,to the extent attributable to the
e 'ittee's acts or omissions in connection ° the e ittee's undertaking of activities in connection
with,or operation and maintenance of, the facility or facilities authorized by the permit whether i
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits,actions,or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions,or to any claims, suits,or actions naming e DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
der federal or state laws.
e e iee's Contractors to Comply withPermit
e permittee is responsible for informing its independent contractors, employees, agents and assigns o
their responsibility to comply with this permit, including all special conditions while acting as the
pe ttee's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item e i e es o si a for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals,lands, easements and rights-of-
ay that may required to carry out the activities that'are authorized by this permit.
Item o Right to Trespass or Interfere with RiparianRights
This permit does not convey to the permittee any ri to trespass upon the lands or interfere with the
riparian rights of others in order to perform e permitted work nor does it authorize the impairment of
grits,title, or interest in real or personal property held or vested in a person not a party to the
permit.
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